Anticipation of Exodus Incentive: Taxation Remains Separate
The employer may, during the employment relationship, provide anticipation of the exodus incentive, as a sum directly related to the termination of the employment relationship, applying the tax separately (art. 17 and 19 TUIR).
This is confirmed by the “Agenzia delle Entrate” with Reply No. 177 of the last 16 March 2021.
In the case analyzed, the Company, as part of a recovery and restructuring plan, had initiated a collective redundancy procedure.
Workers who voluntarily adhered to the exit plan and no opposition to dismissal would be recognized, in addition to the sums of termination due by law and contract, an economic incentive to the exodus.
Subject to adjustment at the time of final settlement, the fixed-rate shall apply to advances relating to end-of-job treatment and equivalent allowances …, taking into account the amount set aside, plus the advances paid in total and after deduction of the revaluations already subject to substitute tax.
Art 19, paragraph 4, TUIR on the tax arrangements applicable
With this provision, therefore, the legislator has guaranteed that the employer can provide, during the employment relationship, an anticipation of the exodus incentive, as a sum directly related to the termination of the employment relationship, that hence finds his reason in the agreement aimed at the early termination of the employment relationship.
Agenzia delle Entrate
The financial support under consideration, therefore, is linked to the termination of the employment relationship, and the legislator, for this type of remuneration, provided for payment even in advance.